Judge declines to find exaggeration upon costs determination

RASHID V OIL COMPANIES INTERNATIONAL MARINE FORUM [2019] EWHC 2600 (QB)

In a short judgment following trial at which the claimant was awarded damages of £126,841 against a claim for £1.5 million Mr Justice Martin Spencer rejected calls from the defendant to disallow a proportion of the claimant’s costs on the basis that the claim was exaggerated, unsupported by the evidence and unsustainable.

The judge held that whilst the claim was indeed for a sum substantially in excess of that ultimately recovered this was not through any deliberate exaggeration but instead an inability on the part of the claimant to prove his loss to the level required.

“I have no doubt that he genuinely believed himself to be entitled to the damages which were claimed in this matter. As it turned out, his ability to prove such damages fell far below the level at which I could have made any such award, as my judgment has indicated. But this was not, in fact it was far from, a case of deliberate exaggeration because I have no doubt that Captain Rashid believed that his accreditation was removed wrongly at a time when he hoped, and his wife hoped, that the business through SeaShore would take off and result in the kind of rewards which were reflected in the schedule of loss.”

RASHID V OIL COMPANIES INTERNATIONAL MARINE FORUM [2019] EWHC 2600 (QB)